Local 25 S.E.I.U. Welfare Fund v. CMS Sourcing Solutions, Inc.

Filing 9

MOTION by Plaintiff Local 25 S.E.I.U. Welfare Fund for judgment entry, MOTION by Plaintiff Local 25 S.E.I.U. Welfare Fund to reopen case , MOTION by Plaintiff Local 25 S.E.I.U. Welfare Fund to vacate Order of Dismissal (Attachments: # 1 Exhibit A, Order, # 2 Exhibit B, Settlement Agreement)(Greenberg, Robert)

THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

LOCAL 25 S.E.I.U. WELFARE FUND,

)
)
Plaintiff,
)
)
v.
)
)
CMS SOURCING SOLUTIONS, INC., a
)
Michigan Corporation, d/b/a CMS
)
SOURCING SOLUTIONS,
)
)
Defendant. )

1:17-CV-2082
Judge Bucklo
Magistrate Judge Schenkier

MOTION TO VACATE ORDER OF DISMISSAL, TO REINSTATE ACTION,
AND FOR ENTRY OF JUDGMENT
NOW COMES the Plaintiff and move this Honorable Court to vacate Order of
Dismissal entered on May 31, 2017, a copy of which is attached hereto as Plaintiff’s Exhibit
"A", and to reinstate Plaintiff’s cause of action instanter, and for entry of judgment against
the Defendant.
In support of Plaintiff’s Motion, Plaintiff states as follows:
1)

That pursuant to Settlement Agreement, executed by the parties, a copy of

which is attached hereto as Plaintiff’s Exhibit “B,” the parties agreed to a dismissal of the
pending action.
2)

That notwithstanding the provisions of the Settlement Agreement, speci-

fically paragraph 4 thereof, the Defendant has failed to make current contributions for the
months of July 2017, through and including October 2017, and is delinquent in the total

amount of $109,459.50, and in addition, the balance due on the original agreement is
$162,962.39.
WHEREFORE, in accordance with the provisions of the Order of Dismissal, Exhibit
“A”, Plaintiff prays that the Order of Dismissal be vacated instanter, Plaintiff’s cause of
action be reinstated, and that judgment enter in favor of Plaintiff and against the Defendant
in the amount of $272,421.88, as and for the outstanding delinquencies calculated pursuant
to the Settlement Agreement, which amount includes current delinquencies due.
That Plaintiff also prays that judgment enter for Plaintiff’s attorneys’ fees and costs
incurred as a result of the Defendant’s non-compliance with the provisions of the parties’
Settlement Agreement.

/s/ Robert B. Greenberg
Asher, Gittler & D'Alba, Ltd.
200 West Jackson Boulevard, Suite 1900
Chicago, Illinois 60606
[phone]
Fax: [phone]
[e-mail]
IL ARDC#: 01047558

Dated: November 29, 2017